Impact

The bill would have prevented bail for those charged with a serious felony offense and that could not prove their were in the US legally.

Text of the proposal

The language that appeared on the ballot:

The Arizona Constitution provides that all persons who are charged with a crime are eligible for bail, subject to certain exceptions. Bail is not allowed for any person who is charged with a crime if the court finds proof that the person committed the crime is evident or the presumption that the person committed the crime is great and the charged crime is one of the following:

1. A capital offense (an offense punishable by death), sexual assault, sexual conduct with a minor under fifteen years of age or molestation of a child under fifteen years of age.

2. A felony offense committed when the person charged is already admitted to bail on a separate felony charge.

3. A felony offense if the person charged poses a substantial danger to any other person or the community and no condition of release will reasonably assure the safety of the other person or community.

Proposition 100 would amend the Arizona Constitution to additionally prohibit bail for any person who is charged with a serious felony offense (as determined by the Legislature) if the person charged entered or remained in the United States illegally and the court finds proof that the person committed the crime is evident or the presumption that the person committed the crime is great.

In 2006, the Legislature enacted legislation to specify that class 1, 2, 3 and 4 felony offenses would constitute the "serious felony" offenses for which a person who has entered or remained in the United States illegally shall be denied bail. That legislation does not become effective unless Proposition 100 is enacted.

Supporting Arguments

The Honorable Russell Pearce, Arizona House of Representatives, Mesa wrote the following. His opinion was paid for by "Russell Pearce 2004."

Illegal aliens that commit a crime are an extremely difficult challenge for law enforcement and growing threat to our citizens. Large, well-organized gangs of illegal aliens have flooded many neighborhoods with violence to the point where Arizona now has the highest crime rate in the nation. With few real ties to the community and often completely undocumented by state agencies, many illegal aliens can easily escape prosecution for law breaking simply because they are so difficult to locate. HCR 2028 would deny bail to illegal aliens when there is convincing evidence that they've committed a serious felony, keeping dangerous thugs in jail rather than releasing them onto the streets. Allowing an illegal immigrant to post bail simply gives them time to slip across the border and evade punishment for their crimes. By voting yes for this initiative, we keep more violent criminals in jail, make our homes and communities safer, and send a powerful message to illegal aliens that their crimes will not go unpunished.

Opposing Arguments

This proposition will cost taxpayers an extra $2,100 per month for each person who is held and denied bail.

Our jails are already overcrowded and cost taxpayers millions every year. Arizona cannot afford to hold low-risk persons simply due to their national origin.

Bail is a cherished constitutional right. People accused of crimes have not necessarily committed the crimes they are accused of and have the right to post bail.

This proposition puts people who overstay a tourist visa or cross the border in the same category as serial murderers.

People who pose an actual danger to society are already held without bail under the current law.